Concealed Carry And Permits
Florida Attorney General Issues Guidance on Open Carry after First DCA Decision
Florida AG Clarifies Open Carry Law Following Court Ruling
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✍️By ZRIntel Editorial Team📍Tallahassee, FL
In response to a pivotal ruling from the First District Court of Appeals (DCA) in the case of McDaniels v. State, Florida Attorney General James Uthmeier has issued formal guidance regarding the states open carry laws. The September 21, 2025, decision affirms that open carry is now legally recognized under Florida law, following a previous U.S. Supreme Court ruling that challenged certain aspects of the state's concealed carry regulations. The guidance issued by the Attorney General clarifies how this decision impacts concealed carry permit holders and law enforcement across the state. The ruling, which is binding on Floridas trial courts, stems from a legal challenge to the constitutionality of Floridas open carry ban. The plaintiffs in the case, led by McDaniels, argued that the prohibition on open carry conflicted with the Second Amendment's protection of an individuals right to bear arms. The court's decision marked a significant shift in Floridas gun laws, aligning the state with a broader trend of revisiting open carry laws in the wake of the landmark Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which redefined the legal framework for gun rights across the U.S. In his statement, Attorney General Uthmeier clarified that while open carry is now legally recognized, it remains subject to certain restrictions. The Attorney Generals office emphasized that the ruling does not imply that anyone can openly carry a firearm without the proper legal authorization. Open carry is still restricted to individuals who possess a valid concealed carry permit, and the law mandates that individuals carry their firearms in a manner that does not disturb public peace. This guidance is expected to impact how both gun owners and law enforcement approach the issue of open carry in Florida moving forward. Uthmeiers office also pointed out that, while open carry is now legal in Florida, it must be done in accordance with the legal standards established by the state. This includes following all requirements for obtaining a concealed carry permit, as well as adhering to specific rules for where and when individuals may carry firearms openly. The Attorney General further noted that Florida law enforcement agencies will play a key role in ensuring that these guidelines are enforced properly, and that they have been advised on how to interpret the new legal landscape surrounding open carry. The decision is likely to have far-reaching implications beyond Floridas borders, as it adds momentum to a growing wave of legal challenges and rulings that seek to expand Second Amendment rights. Florida, traditionally known for its restrictive gun laws, now joins several other states that have passed similar open carry measures in recent years. This evolving legal framework will undoubtedly spark new debates on the role of open carry in public safety, as well as its broader implications for gun ownership in the U.S.